QUESTION
Can I go about getting custody of my daughter if my wife is being investigated for statutory rape?
Asked on Apr 05th, 2014 on Child Custody - Idaho
More details to this question:
My daughter was just a couple months when my wife started cheating. I left the house but always stuck for the kids. She makes it seem well she don’t let me see her unless she’s at my mom’s house. I receive a note that she had a child with a 16 year old who is now 17. All I know is the police went with a warrant in hand and took a swab for DNA. After the swab she calls my sister in law and asks her for help but did it in a way that she is not the one involved.
3 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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File a divorce and immediately make a motion for temporary orders to get a temporary parenting plan. Then you will have a legal basis to see the kids at clearly defined times. If indeed she is charged with statutory rape (or even investigated) the children could well be placed with you the majority of time with some limited supervised visitation with the mother.
Answered on Apr 07th, 2014 at 2:42 PM
Business Attorney serving Warwick, RI
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Arthur D. Parise Attorney at Law
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If there is probable cause to believe these allegations are true and charges are brought your Attorney can seek an emergency Order for placement.
Answered on Apr 07th, 2014 at 12:09 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to go to court to get a custody order. Her going to jail sounds like a material and substantial change in circumstances. Talk with a local family law attorney.
Answered on Apr 07th, 2014 at 11:43 AM